Indian Penal Code - The Legal Chamber

The Supreme Court ruled that Section 195 CrPC does not bar prosecution for tampering with court records after proceedings conclude, as such acts no longer affect "proceedings in court" under Section 195(1)(b). It held that fabricating documents in record rooms post-withdrawal constitutes standalone offences under IPC, not requiring court-sanctioned complaints. The judgment clarified that Section 195 applies only when offences directly impact live judicial proceedings or documents in active court custody, distinguishing between administrative record-keeping and judicial administration of justice. The Court affirmed that FIRs remain valid for post-proceeding forgeries. Facts Of The Case: The case originated from a 2005 FIR lodged by the Registrar of Bharuch District Court against Parshotta...

The Supreme Court held that the Trial Court correctly exercised its power under Section 319 CrPC to summon the accused based on sworn testimony and corroborative evidence, which disclosed a prima facie case of abetment to suicide under Section 306 IPC. The High Court erred in setting aside the summoning order by prematurely evaluating an untested alibi and disregarding live evidence. The Court emphasized that the burden of proving an alibi lies on the accused and must be adjudicated during trial, not at the threshold. The judgment reaffirmed the constructive and purposive interpretation of Section 319 CrPC to ensure no guilty person escapes trial. Facts Of The Case: On March 13, 2016, an acid attack was committed against Dharminder Singh by ten persons, leading to the registration ...

Tag: Indian Penal Code

Supreme Court Clarifies Section 195 CrPC Doesn’t Protect Post-Proceeding Forgery”: Courts Records Safety

Supreme Court Revives Abetment to Suicide Case: Orders Accused to Face Trial Under Section 306 IPC for Premature Evaluation of Evidence in Suicide Abetment Case